A democratic country cannot long survive without a legitimate rule of law, enforced and protected by an independent and credible judiciary.
The judiciary also serves the function of creating a balance of powers between the legislative and the executive. However, in Malaysia one of the branches is excessively strong, resulting in an unbalanced state where, the executive, imposes its will.
The unfortunate result is inefficient accountability and the discretionary use of public funds, both of which foster corruption.
Politicians and its cronies in Malaysia witness outrageous acts of corruption with no one being held accountable, resulting in a loss of faith in democratic institutions.
The judiciary is endemically corrupted, condemning most of the commercial, civil and public activities to be corrupted too.
The need for reform is clear. Investors will not consider a country where there is no guaranteed standard for judicial procedure or reliable process. To attract investors, a country must at least offer some degree of fairness and judicial certainty.
A corrupted judiciary makes it impossible to combat corruption in other government agencies. But, the executive and legislative branches have systematically de-powered the judiciary; especially since the former dictator the great Mahathir Mohamad.
When courts are corrupted by greed or political considerations, the scales of justice are tipped, and ordinary people suffer. In corrupted judicial systems, the long-suffering people are not heard in courts while the wrongdoers are acquitted. Despite considerable attempts made for safeguarding the independence of the judiciary, the courts are still being pressured for political reasons.
Alternative solutions are needed to reduce corruption in the judiciary system and therefore internal and external pressures for quick reform have to achieve the desired effects.
Legitimate and effective reforms often meet resistance from the Barisan Nasional government itself, which has for many years been protecting of their own interest as a political class, modifying and altering the laws at their own interest and benefits.
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